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(영문) 서울중앙지방법원 2019.08.21 2018가합6582
임시총회 및 이사회 결의 취소 청구의 소
Text

1. Each lawsuit by the plaintiff B and C shall be dismissed.

2. The Defendant’s complaint of this case on August 20, 2018 referred to as “ August 22, 2018.”

Reasons

A. 22 members, including F and G, and Plaintiff A, held an extraordinary meeting and passed a resolution to dismiss Plaintiff A while the Plaintiff attends the meeting;

(1) On August 31, 2018, the Defendant sent to the Plaintiff a certificate of content that the Plaintiff’s proposal was resolved upon with the consent of all transmission members as a result of secret voting, on August 31, 2018. D. The Defendant’s articles of incorporation (a member’s duty member) Article 7 of the Defendant’s articles of incorporation is obligated to:

1. To comply with the articles of association and regulations of the Preservation Council;

2. Obligations of the general meeting and the board of directors to implement resolutions;

3. Successors shall participate in successor training and open events, and the detailed matters concerning the operation thereof shall be determined by a resolution of the board of directors;

4. Obligations to pay membership fees (limited to all participating members);

5. The holder and assistant instructors for successor training shall participate as instructors for successor training as prescribed by the Act, and the detailed matters concerning the operation thereof shall be determined by the resolution of the board of directors;

* internal rules

1. Regular instruction on every Saturday;

2. Duty to be faithful to the business for accomplishing the objectives of the plenary session.

3. Duty to faithfully participate in the meetings concerned;

4. Duties to participate in public performances for the purpose of transmission, Article 9 (Rewards and Punishment of Members);

2. Where a member has committed any of the following acts, the Chairperson of the Preservation Council may take disciplinary action, such as expulsion, reprimand, suspension of qualifications for not more than one year, warning, caution, etc. against the member, following a resolution by the board of directors:

Provided, That an expulsion among disciplinary action against members shall be determined after the resolution of the general meeting.

(1) If a successor, under Article 21 of the Act and Article 19 of the Enforcement Decree of the Act, committed an act corresponding to the provision on the cancellation of certification, and (2) fails to faithfully perform transmission activities, such as successor training and open events without good cause; or (3) violates the resolution of the articles of incorporation or the general meeting; or (4) impairs the honor of the preservation meeting by causing damage to the social reputation in light of social norms.

3. Notwithstanding paragraph 2, a holder and a successor from among the successors.

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